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B-209068 1 (1983-01-20)

handle is hein.gao/gaobadkvj0001 and id is 1 raw text is: THE COMPTROLLER QENYERALe DECISION • J*) OF THE UNITED 3TATES WASHINGTON. 0. C. 20548 FILE: B-209068 DATE: January 20, 1983 MATTER OF: Recredit of Sick Leave of FBI Employee After Break in Service DIGEST: Employee who had a break in Federal service of more than 3 years seeks recredit of sick leave on the basis that he was prevented from earlier reinstate- ment by the imposition of a Federal hiring freeze, and by the agency's delay in completing his required background investigation. Employee's unused sick leave may not be recredited since under 5 C.F.R. § 630.502(b)(1), recrediting of sick leave is permitted only when an employee's break in service does not exceed 3 years. Neither this Office nor the agency concerned may waive or grant exceptions to that regulation, which has the force and effect of law. This decision is in response to a request from Mr. Kevin D. Rooney, Assistant Attorney General for Adminis- tration, United States Department of Justice (DOJ), concerning the entitlement of an unnamed Federal Bureau of Investigation (FBI) employee to recredit of sick leave earned prior to a separation from Federal employment. The question presented is whether an employee who had a break in Federal service of more than 3 years is entitled to recredit of previously earned sick leave where the agency's delay in processing his reemployment application, and the imposition of a Federal hiring freeze, may have prevented him from being reinstated within 3 years of his separation from Government service. For the following reasons, we hold that the employee is not entitled to a recredit of his unused sick leave. The individual in question was employed by the FBI from March 5, 1972, through May 15, 1979, when he voluntarily resigned. During that period, the employee earned but did not use 439 hours of sick leave. Thereafter, in November 1981, he sought reinstatement as a GS-3 Telephone Operator at the FBI Academy in Quantico, Virginia. The FBI could not reemploy him at that time, however, because the agency was subject to a Federal hiring freeze, and the position which the individual had applied for was not an essential position for which an exception to the freeze could be made.

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